Imagens da página
PDF
ePub

order or decree is entered in any suit pending in any court in this State, granting an injunction or overruling a motion to dissolve the same, or enlarging the scope of an injunction order, or appointing a receiver, or giving other or further powers or property to a receiver already appointed, an appeal may be taken from such interlocutory order or decree to the Appellate Court of the district wherein is situated the court granting such interlocutory order or decree: Provided, that such appeal is taken within thirty days from the entry of such interlocutory order or decree and is perfected in said Appellate Court within sixty days from the entry of such order or decree. The force and effect of such interlocutory order or decree and the proceedings in the court below shall not be stayed during the pendency of such appeal, and the party taking such appeal shall give bond, to be approved by the clerk of the court below, to secure costs in the Appellate Court. Upon filing of the record in the Appellate Court the same shall there be at once docketed and shall be ready for hearing under the rules of said court, taking precedence of other causes in said court; upon such appeal the Appellate Court may affirm, modify or reverse such interlocutory order or decree, and shall direct such proceedings to be had in the court below as the justice of the case may require. If such appeal is dismissed the Appellate Court may allow to the attorney for appellee a reasonable solicitor's fee, not to exceed one hundred dollars, to be taxed as part of the costs of the appeal. No appeal shall lie or writ of error be prosecuted from the order entered by said Appellate Court on any such appeal.

APPROVED June 14, 1887.

VERDICTS OF JURIES.

§ 1. General or special verdicts in civil

§ 3. Special shall control general verdict.

cases.

[ocr errors]

§ 2. Submitting, or refusing to submit fact,

may be excepted to.

An Act in relation to verdicts of juries in civil cases. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That in all trials by jury in civil proceedings in this State in courts of record, the jury may render, in their discretion, either a general or a special verdict; and in any case in which they render a general verdict they may be required by the court, and must be so required on request of any party to the action, to find specially upon any material question or questious of fact which shall be stated to them in writing, which questions of fact shall be submitted by the party requesting the same to the adverse party before the commencement of the argument to the jury.

§ 2. Submitting or refusing to submit a question of fact to the jury when requested by a party as provided by the first section hereof may be excepted to and be reviewed on appeal or writ of error as a ruling on a question of law.

$ 3. When the special firding of fact is inconsistent wtth the general verdict, the former shall control the latter and the court may render judgment accordingly.

This bill having remained with the Governor ten days, Sundays excepted, the General Assembly being in session, it has thereby become a law. Witness my hand this 23rd day of May, A. D., 1887.

HENRY D. DEMENT,

Secretary of State.

RAILROADS.

CROSSINGS.

§ 1. Authorizes railroads upon approval $ 2. Railroad and Warehouse Commissionby the Railroad and Warehouse com

ers may appoint engineers to assist missioners to establish interlocking

them in their examinations. or automatic signals. An Act in regard to the dangers incident to railroad crossings on the

same level. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That when, and in case two or more railroads crossing each other at a common grade, shall by a system of interlocking and automatic signals, or by other works, fixtures and machinery to be erected by them, or either of them, render it safe for engines and trains to pass over such crossing without stopping, and such system of interlocking and signals, works or fixtures, shall first be approved by the Railroad and Warehouse Commissioners, or any two of them, and a plan of such interlocking and signals, works and fixtures, for such crossing designating the plan of crossing, shall have been filed with such Rail. road and Warehouse Commissioners, then, and in that case, it is hereby lawful for the engines and trains of any such railroad or railroads to pass over said crossing without stopping, any law, or the provisions of any law now in force, to the contrary notwithstanding; and all such other provisions of laws, contrary hereto, are hereby declared not to be applicable in such case: Provided, that the said Railroad and Warehouse Commissioners shall have power in case such interlocking system, in their judgment, shall by experience prove to be unsafe or impracticable, to order the same to be discontinued.

as

§ 2. The said Railroad and Warehouse Commissioners may appoint a competent civil engineer to examine such proposed system and plans, and report the result of such examination for the information of such Railroad and Warehouse Commissioners, and said Railroad and Warehouse Commissioners are hereby authorized to allow and reward five dollars per day as a compensation for the services of such civil engineer, or such reasonable sum such commissioners shall deem fit, and to allow and reward such other and further sums as they shall deem fit to pay all other fees, costs and expenses to arise under said application, to be paid by the railroad company or companies in interest, to be taxed and paid or collected as in other cases. And the said Railroad and Warehouse Commissioners are also empowered, on application for their approval of any such system of interlocking and signals, works or fixtures, to require of the applicant security for such fees, costs and expenses, or the deposit, in lieu thereof, of a sufficient amount in money for that purpose, to be fixed by them.

APPROVED June 3, 1887.

TRANSPORTATION OF GRAIN IN BULK.

law.

8 1. Transfer of grain from one car to an- § 3. Proceedings to compel enforcement of

other at transfer points; weighing. § 2. Weighing and transferring in transit. § 4. Penalties for refusal or neglect. An Act relating to the receipt, shipment, transportation and weighing

of grain in bulk by railroad companies. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That in all counties of the third class, and in all cities having not less than 50,000 inhabitants, where bulk grain, millstuffs or seeds are delivered by any railroad transporting the same from initial points to another road for transportation to other points, such road or roads receiving the same for transportation to said points, or other connections leading thereto, shall provide suitable appliances for unloading, weighing and transferring such property from one car to another without mixing, or in any way changing the identity of the property so transferred, and such property shall be accurately weighed in suitably covered hopper scales, which will determine the actual net weight of the entire contents of any carload of grain, millstuffs or seeds at a single draft, without gross or tare, and which weights shall always be given in the receipts or bills of lading and used as the basis of any freight contracts affecting such shipments between such railroad companies and the owners, agents or shippers of such grain, millstuffs or seeds so transported and transferred.

2. The practice of loading grain, millstuffs or seeds into foreign or connecting-line cars at the initial point from which the grain, millstuffs or seeds are originally shipped, or the running of the original car through without transfer, shall not relieve the railroad making the contract to transport the same to its destination or

254

RAILROAD AND WAREHOUSE COMMISSIONERS. ,

connection leading thereto, from weighing and transporting such property in the manner aforesaid upless the shiipper, owner or agent of such grain, millstuffs or seeds shall otherwise order or direct.

§ 3. Any railroad company neglecting or refusing to comply promptly with any and all of the requirements of either sections 1 or 2 of this act shall be liable in damages to the party interested, to be recovered by the party damaged in an action of assumpsit, and such party may proceed by mandamus against any railroad company so refusing or neglecting to comply with the requirements of this act; and if the shipper, owner or agent of any such grain, millstuffs or seeds shall fail or neglect to proceed by mandamus, it shall then be the duty of the Railroad and Warehouse Commissioners of this State, upon complaint of the party or parties interested, to proceed against the railroad failing or refusing to comply with the provisions of this act; and all the powers heretofore conferred by law upon the Board of Railroad and Warehouse Commissioners of this Štate shall be applicable in the conduct of any legal proceeding commenced by such commissioners under this act.

§ 4. Any railroad company so refusing or neglecting as aforesaid shall be liable to a penalty of not less than $100 nor more than $500 for each neglect or refusal as aforesaid, to be recovered in an action of assumpsit in the name of the People of the State of Illinois for the use of the county in which such act or acts of neglect or refusal shall occur, and it shall be the duty of the Railroad and Warehouse Commissioners to cause prosecutions for such penalties to be instituted and prosecuted.

APPROVED June 15, 1887.

RAILROAD AND WAREHOUSE COMMISSIONERS.

RAILROAD ACCIDENTS.

§ 1. Amends the act of 1871 by adding a section (1122). Sec. 11-Railroad and Warehouse

Commissioners shall investigate cause of accidents resulting in loss of life; managers and superintendents of railroads shall report accidents to the board; board shall investigate condition of track, bridges, etc.: neglect or refusal to comply with

recommendations; proceedings to enforce compliance. An Act to amend an act entitled "An act to establish a Board of Rail

road and Warehouse Commissioners and prescribe their powers and duties," approved April 13, 3871, in force July 1, 1871, by adding thereto an additional section, to be numbered eleven and one-half (113).

Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That an act entitled "An act to establish a Board of Railroad and Warehouse Commissioners and

RAILROAD AND WAREHOUSE COMMISSIONERS.

255

prescribe their powers and duties," approved April 13, 1871, in force July 1, 1871, be amended by adding thereto an additional section, to be numbered eleven and one-half (113), as follows:

“Section 11}. It shall be the duty of said Board of Commissioners to investigate the cause of any accident on any railroad resulting in the loss of life or injury to person or persons, which in their judgment shall require investigation, and the result of such investigation shall be reported upon in a special report to the Governor as soon after said accident as may be practicable, and also in the annual report of said commissioners. And it is hereby made the duty of the general superintendent or manager of each railroad in this State to inform said board of any such accident immediately after its occurrence. Whenever it shall come to the knowledge of said board, by complaint or otherwise, that any railroad bridge or trestle, or any portion of the track of any railroad in this State is out of repair, or is in an unsafe condition, it shall be the duty of such board to investigate, or cause an investigation to be made, of the condition of such railroad bridge, trestle or track, and may employ such person or persons who may be civil engineer or engineers, as they shall deem necessary for the purpose of making such investigation, and whenever, in the judgment of said board, after such investigation, it shall become necessary to rebuild such bridge, track or trestle, or repair the same, the said board shall give notice and information in writing to the corporation of the improvements and changes which they deem to be proper, And shall recommend to the corporation or person or persons owning or operating such railroad that it, or be, or they make such repairs, changes or improvements, or rebuild such bridge or bridges on such railroad as the board shall deem necessary to the safety of persons being transported thereon. And said board shall give such corporation or person or persons owning or operating said railroad an opportunity for a full and fair hearing on the subject of such investigation and recommendation. And said board shall, after having given said corporation or person or persons operating such railroad an opportunity for a full bearing thereon, if such corporation or person shall not satisfy said board that no action is required to be taken by it or them, fix a time within which such changes or repairs shall be made, or such bridges, tracks or culverts shall be rebuilt, which time the board may extend. It shall be the duty of the corporation, person or persons owning or operating said railroad to comply with such recommendations of said board as are just and reasonable. And the Supreme Court or the Circuit Court in any circuit in which such railroad may be in part situated, shall have power in all cases of such recommendations by said board, to compel compliance therewith by mandamus. If any such corporation or person or persons owning or operating any such railroad, shall, after such hearing, neglect or refuse to comply with the recommendation or recommendations of said board as to making any repairs, changes or improvements, on any bridge, track or trestle, or to rebuild any bridge within the time which shall be fixed by said board therefor, said board shall report such neglect or refusal, together with the facts in such case as said board shall find

« AnteriorContinuar »